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#1
16-05-2008, 07:20
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Divorce In Thailand
A quick guide if required
Easy and quick some say? If you married in Thailand and both parties agree to the divorce, it's as simple as going to the registrar's office where your marriage is registered and filing the divorce. You just go with your wife to any Amphur, show them your wedding papers, your passport, her ID card, and tell them that you want to divorce. They will ask you some questions, like have you children together and what have you decided for their future?... are there financial problems pending?..,They will fill a form. You both sign it then wait a few minutes, the time needed to fill the divorce certificate... the wedding certificate was in "portrait form '' the divorce certificate is "landscape form".You will have to pay 50 baht & your wife must change her name to yours BEFORE the divorce can be granted...and she can reverse to her old family name, the minute after the divorce is granted If you are married and your spouse does not agree to a divorce in Thailand then you will need to obtain a judgement from the Court. You need to use a lawyer for these steps. You cannot remarry until this has been annulled and you must be present in the Court in Thailand yourself. However the lawyer will act as power of attorney on your behalf to do the preliminaries but you must appear at the final hearing in person. You are not permitted to have a power of attorney acting for you. Therefore "YOU MARRY IN THAILAND & Register in the local Marriage Office YOU MUST DIVORCE IN THAILAND". If in the US each state has their own set of rules. Most states require a 6-month cooling off period (separation) before the divorce becomes final. On the other hand, Nevada only requires six weeks of living in Nevada (for non residents). Qu: What if my Thai wife won't agree? Then you need to file to the court for an annulment on grounds. Approx time if straight forward 2 months but can be longer? Qu: If I am a foreigner & live in Britain & my wife will not divorce me what do I do? You must file to the Thai Court in Thailand & be present (can take 2 months). Normally a Thai Lawyer will file for you and act as power of attorney until you are required to appear in Court in which case you have NO OPTION BUT TO APPEAR. Qu: Can I get my Thai wife's parents to sign on her behalf? No Qu: Can the Thai Embassy assist me as a foreigner? No Qu: Can I prepare myself? No a lawyer must file to the court. However if by mutual consent you can do yourself. Qu: If both parties agree is it straight forward? Yes you can then apply direct to the local Amphur where you were married. Qu: How long must I be separated before I can apply for divorce? 3 year separation Qu: Must I travel to Thailand to divorce if my wife won't sign? Yes but you can use a lawyer for the prelim's. Qu: What if my wife leaves you in the USA? tough ----you must pay the support she will receive from the Social Welfare or whatever benefits she may receive for the rest of your life unless she goes back to Thailand.. Qu: Can 2 westerners divorce in Thailand? No? but please check with your respective embassies Qu: If my foreign husband leaves me in Thailand what can I do if he is selling our condo? Apply to the Court under section 1483 & or 1484 for the Court seeking an order protective measures regarding the marriage property. Costs: Some lawyers will charge you 100,000 baht down payment for such an order of litigation but remember EVERY CASE IS DIFFERENT ACCORDING TO THE COMPLEXITY OF THE CASE. SECTIONS OF THE ACT: Section 1514 Divorce by mutual consent must be made in writing and certified by the signatures of at least 2 witnesses. Section 1515 Where marriage has been registered as provided by this code, divorce by mutual consent is valid only if the registration thereof is effected by both the husband and wife. Section 1516: GROUNDS FOR DIVORCE: 1/. Husband has given maintenance to or honoured such other woman as his wife, or the wife has committed adultery, the other may claim for divorce. 2/. One spouse is guilty of misconduct, criminal or otherwise. 3/. One spouse has harmed the other via torture or mental circumstances. 4/. One spouse has deserted the other for over 1 year. Either party lives apart for 3 years. 5/. One or the other partner has disappeared for 3 years. 6/. Lack of marital support. 7/. One spouse insane for more than 3 years & its incurable. 8/. One partner has broken the bond of good behaviour. 9/. Incurable disease that may affect the other. 10/. Physical disadvantage permanently unable to cohabit as husband & wife. If in doubt ask us. We are only an email away!! THAI DIVORCE LAW: When a couple divorce in Thailand all marital property (sin somros) is divided equally. personal property (sin suan tua) remains owned by the individual. Thus marital property is anything acquired during marriage by way of gift, bought, or inherited. Personal property is anything acquired before the marriage like a house, tools, equipment & possessions. If both parties agree then the proceedings are straight forward. Both parties are responsible for debts incurred from household affairs, education and medical bills. One can have a prenuptial agreement which is law & where property is subject to foreign laws. To be valid the prenuptial must be tendered at the marriage registration to be effective & signed by both parties & 2 witnesses. Most of these prenuptial agreements are between foreigners and Thais. If one partner is employed, property is split equally. If the wife stays home and looks after the children she has the right to half even though she is not receiving payment. The parents divorcing can agree on who pays for the children's education and day to day living expenses and maintenance. if they cannot agree the Court will rule. the Court may also decide on living allowances based on the ability of the grantor & the status of the receiver
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Thai Visa Express-Immigration Consultants Reg OISC -F200700163 
Last edited by AZZZEY68 : 16-05-2008 at 07:23. 
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#2
16-05-2008, 14:31
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Good informative reading, thanks for posting it.
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#5
23-05-2008, 16:08
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Good info
One of my customers did this a few months ago.Friendly split with Thai wife.In and out within an hour - all done.
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 If you can't take a joke you shouldn't have joined up!!! 
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#6
12-07-2008, 14:03
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Informative post there AZZEY.
A couple of things i found. About the part where she must change her ID card to your surname before the divorce, this is correct, but it must be done at her LOCAL amphur (the divorce can be performed anywhere as mentioned). So make sure it is done first beforehand. We were sitting in the amphur in bkk half way through the divorce paperwork only to be told she needed to go back to ubon to change the ID card.... frustrating. Also the divorce certificate is now in portrait mode same as the wedding cert. I would recommend having a translation company rep with you to explain everything that goes on and make sure everything goes correctly with no mistakes. Cheers Ozskin
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Hard work never killed anyone...but why take a chance?
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#7
12-07-2008, 14:41
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Good info, but hopefully I won't need it! As for the "...she must change her ID card to your surname before the divorce...", wouldn't 'tea money' help there?
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#8
12-07-2008, 16:36
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Probably not as you would be in court and the courts seem to be one of the only places in Thailand that "tea money" doesn't work. You would probably get thrown out for offering it or worse.
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the best thing to come from England is a 747 heading for LOS.........  
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#9
14-07-2008, 00:48
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but wouldnt you have her change her ID card to your surname once you are married? my wife went and did the very next day after we got married came back with a brand new card that night
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#10
14-07-2008, 03:17
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Thank you for the post, very informative. To me, it seems like marrying and registering your marriage officially in Thailand has its definite pluses compared to marrying a Thai woman in your home country. That is, if things don't work out it seems much more painless relatively speaking than to deal with the mess in your native countries.
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#11
14-07-2008, 04:09
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#13
14-07-2008, 19:11
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You are correct AZZEY, my wife still had her ID Card in her maiden name... but to get divorced, she will have to update her ID card to your surname first, otherwise they will not do the divorce. After the divorce she can change her ID again back to her old name (at her local ampur).
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Hard work never killed anyone...but why take a chance?
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#15
14-07-2008, 19:49
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I thought it was the womans right to choose if she kept her name or took yours.. I do know that that they are not happy if passports and ID cards are not both amended if one is.
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Men have only 2 emotional states, hungry and horny.. So ladies, if you see me without an erection, make me a sandwich.
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#16
14-07-2008, 20:05
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for my wife's work permit, she needs a police background check and rigirous complete physical
she went and got the physical a week before we were married then went to the main Royal Thai Police to get her background check although it made zero sense to me, after she explained her reason for background check, the RTP made her wait until she was married and changed her name i didnt understand why she needed to wait to change her name but the RTP insisted upon it
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#17
14-07-2008, 22:43
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It is her right to choose whether she takes your name or keeps hers while married. My wife kept her maiden name and emigrated to australia on her maiden name. It appears the surname change only gets forced upon her if the couple wants to get divorced. Dont ask me why, but this is what was required of us to complete a divorce, and i have heard this part mentioned on another site also. Go figure ! T.I.T.
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Hard work never killed anyone...but why take a chance?
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#18
14-07-2008, 23:25
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Ao seemed to really want to take my name(woke up at 7am next morning to take a taxi 3 hours to change it while i snoozed, and we were hungover 55555)
i didnt care either way, although now i am happy that she has my last name
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#19
15-07-2008, 00:01
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She woke at 7am, travelled 3 hours hungover, just to get her name changed to Mrs 26??????
And you were happy why, cos she remembered to spell it correctly and didn't come back with a new ID as Mrs 24 or something??? Wow, I knew she luvved ya but she's taking things to extremes!!!!
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If I havn't done it already, then i'm gunna do it today.
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#20
15-07-2008, 00:05
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haha too funny actually, it did freak me out a little to see her ID card with my last name
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#21
15-07-2008, 04:46
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The first I knew that my wife wanted to change her surname was when I read the English translation of the marriage certificate. I asked her if she had thought through all the consequences of doing so and I just got a blank look ...
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#22
15-07-2008, 20:28
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ha i was completely left out fo the loop at the amphur!! they are all jabbering away in thai everytime i tried to butt in i was sort of ignored i finally had to explain i needed to know what was going on it was pretty funny, in a way
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